Turns out that, while Interplay was permitted to sell Fallout, Fallout 2 and Fallout Tactics the contract required all advertising, packaging and other promotional material to be sent to Bethesda for approval first, which, according to the lawsuit, was never done regarding neither the Fallout Trilogy pack, nor any of the releases through Good Old Games, Steam and other digital distribution platforms. Bethesda also claims that the name Trilogy constitutes unfair competition, since it suggests that the pack includes Fallout 3.

To sum it up, Interplay is accused of two counts of breach of contract (regarding Fallout Online and the previous Fallout games), trademark infringement and unfrair competition. Bethesda demands that Interplay stop manufacturing and distributing the original Fallout games, as well as pay for damages and legal fees, and asks for the trademark agreement to be declared terminated.

Asked for a statement, Interplay's Chris Taylor stated that he cannot comment on any pending litigation.